2011/202/EU: Council Decision of 28 February 2011 on the conclusion of a Voluntar... (32011D0202)
2011/202/EU: Council Decision of 28 February 2011 on the conclusion of a Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)
- COUNCIL DECISION
- of 28 February 2011
- on the conclusion of a Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)
- (2011/202/EU)
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- VOLUNTARY PARTNERSHIP AGREEMENT
- between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)
- Article 1
- Objective
- Article 2
- Definitions
- Article 3
- FLEGT licensing scheme
- Article 4
- Licensing authority
- Article 5
- Competent authorities of the Union
- Article 6
- FLEGT licences
- Article 7
- Legality matrices
- Article 8
- Verifying the legality of timber
- Article 9
- Application of the system for verifying the legality of all timber and derived products produced in Congo
- Article 10
- Consultation on the validity of licences
- Article 11
- Independent auditor
- Article 12
- Irregularities
- Article 13
- Date of introduction of the FLEGT licensing scheme
- Article 14
- Schedule for implementation of the Agreement
- Article 15
- Other relevant measures
- Article 16
- Stakeholder involvement in the implementation of the Agreement
- Article 17
- Social safeguards
- Article 18
- Market incentives
- Article 19
- Joint implementation committee of the Agreement
- Article 20
- Communication on implementation of the Agreement
- Article 21
- Reporting and public disclosure
- Article 22
- Confidential information
- Article 23
- Territorial application
- Article 24
- Settlement of disputes
- Article 25
- Suspension
- Article 26
- Amendments
- Article 27
- Annexes
- Article 28
- Entry into force
- Article 29
- Duration and extension
- Article 30
- Notice of termination of the Agreement
- Article 31
- Authentic texts
- ANNEX I
- LIST OF PRODUCTS SUBJECT TO FLEGT LICENSING
- ANNEX II
- LEGALITY MATRICES FOR TIMBER SOURCED FROM NATURAL FORESTS AND FOREST PLANTATIONS IN CONGO
- Introduction
- 1.
- Legality matrix for timber produced in natural forests in Congo
- 2.
- Legality matrix for timber produced in forest plantations
- LIST OF LAWS AND PRINCIPAL SETS OF REGULATIONS AND REGIONAL AND INTERNATIONAL AGREEMENTS TAKEN INTO ACCOUNT IN DETERMINING THE LEGALITY OF FORESTRY PRODUCTS
- 1.
- Forestry
- 2.
- Environment
- 3.
- Labour, health and safety
- 4.
- Trade
- 5.
- Land management
- 6.
- Agriculture and farming
- 7.
- Transport
- 8.
- Economy
- 9.
- International, regional and sub-regional agreements
- ANNEX III
- LEGALITY VERIFICATION SYSTEM (LVS)
- CHAPTER 1
- INTRODUCTION
- CHAPTER 2
- COVERAGE
- CHAPTER 3
- 3.1.
- Legality matrices
- 3.2.
- Verification procedures
- 3.3.
- Verification of legality in certified forestry concessions
- 3.4.
- Failure to comply with matrix requirements
- Table 1:
- Checking and verification of verifiers not linked to the traceability chain for timber produced in natural forests
- CHAPTER 4
- 4.1.
- Principles for checking the supply chain/traceability system
- 4.2.
- Architectural structure: Steps for the tracing of timber from natural forests
- 4.2(a) Agreements
- Table 2:
- Structure of the traceability chain for timber exploited on the basis of an agreement
- 4.2(b) Special permits
- Table 3:
- Structure of the traceability chain for timber exploited on the basis of special permits
- 4.3.
- Architectural structure: Steps for the tracing of timber from forestry plantations
- Table 4:
- Structure of the traceability chain for timber harvested from forestry plantations
- 4.4.
- Timber from abroad in transit through Congolese territory or imported for processing in Congo
- 4.5.
- Failure to meet the legality requirements linked to the traceability system
- CHAPTER 5
- 5.1.
- Management of data for verification in accordance with the legality matrices
- 5.2.
- The management of data in the timber traceability chain
- CHAPTER 6
- ISSUING OF FLEGT LICENCES
- CHAPTER 7
- INDEPENDENT AUDIT OF THE SYSTEM
- ANNEX IV
- CONDITIONS GOVERNING THE RELEASE FOR FREE CIRCULATION INTO THE UNION OF TIMBER AND DERIVED PRODUCTS EXPORTED FROM A PARTNER COUNTRY AND COVERED BY A FLEGT LICENCE
- General framework
- Article 1
- Processing licences
- Article 2
- Documentary check of licences
- Article 3
- Request for additional information
- Article 4
- Physical verification
- Article 5
- Prior verification
- Article 6
- Release for free circulation
- ANNEX V
- CONDITIONS GOVERNING THE ISSUANCE AND SPECIFICATIONS OF FLEGT LICENCES
- CHAPTER 1
- APPLICATION FORMALITIES
- CHAPTER 2
- FEES
- CHAPTER 3
- REQUIREMENTS RELATING TO FLEGT LICENCES
- Article 1
- Article 2
- REQUIREMENTS RELATING TO PAPER-BASED FLEGT LICENCES
- Article 3
- Article 4
- Article 5
- Article 6
- FLEGT LICENCE LOST, STOLEN OR DESTROYED
- Article 7
- DOUBTS REGARDING THE VALIDITY OF THE LICENCE
- Article 8
- ANNEX VI
- TERMS OF REFERENCE FOR THE INDEPENDENT AUDIT OF THE FLEGT SYSTEM (SIA)
- I.
- Tasks
- II.
- Qualification required
- III.
- Methodology
- IV.
- Sources of information
- V.
- Reports
- VI.
- Institutional arrangement
- ANNEX VII
- CRITERIA FOR ASSESSING THE OPERATIONAL LEGALITY ASSURANCE SYSTEM IN CONGO
- Assessment criteria
- Section 1:
- Definition of legality
- Section 2:
- Control of the supply chain
- 2.1.
- Rights of use
- 2.2.
- Systems for controlling the supply chain
- 2.3.
- Quantities
- 2.4.
- Mixing of legally verified timber with timber approved elsewhere
- 2.5.
- Imported timber products
- Section 3:
- Verification
- 3.1.
- Organisation
- 3.2.
- Verification against the definition of legality
- 3.3.
- Verification of systems for controlling the supply chain
- 3.4.
- Non-compliance
- Section 4:
- Licensing
- 4.1.
- Organisation
- 4.2.
- Issuing of licences
- 4.3.
- Consignment-based licences
- Section 5:
- Instructions on the independent auditing of the system
- 5.1.
- Institutional arrangements
- 5.1.1. Designation of authority
- 5.1.2. Independence from other elements of the LVS
- 5.1.3. Designation of the independent auditor
- 5.1.4. Establishing a mechanism for handling complaints
- 5.2.
- The independent auditor
- 5.2.1. Organisational and technical requirements
- 5.2.2. Methodology of the audit
- 5.2.3. Scope of the audit
- 5.2.4. Reporting requirements
- ANNEX VIII
- ANNEX IX
- OTHER RELEVANT MEASURES
- 1.
- Increasing the capabilities of the General Forest Economy Inspectorate (IGEF)
- 2.
- Increasing the capabilities of civil society
- 3.
- Legislation and regulations to be supplemented
- 3.1. Ministerial departments concerned
- Ministry for the Environment
- Ministry of Justice
- Ministry of Employment
- Ministry for the Forest Economy
- Principles that should form part of supplementary regulations
- Recognition of community rights
- Participation
- Transparency
- Community forests
- Independent monitoring
- 3.2. Methodology
- 4.
- Communication plan
- 4.1. Target public
- 4.1.1. Local players:
- 4.1.2. International players:
- 4.2. Action to be taken
- 4.3. Message content
- 4.4. Those responsible for implementing the plan
- 5.
- Technical office responsible for monitoring the VPA (Congolese party)
- 5.1. Tasks
- 5.2. Composition of the technical office
- ANNEX X
- PUBLISHED INFORMATION
- 1.
- Introduction
- 2.
- Relevant information published by the forestry authority and other parties
- 3.
- Information that will be published by the Joint Committee
- 3.1.
- Minutes of meetings of the Joint Committee and summaries of decisions
- 3.2.
- A joint report containing the following information in particular:
- 3.3.
- Terms of reference, inspection and audit reports by the independent auditor
- 4.
- Means of accessing information
- ANNEX XI
- FUNCTIONS OF THE JOINT AGREEMENT IMPLEMENTATION COMMITTEE
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